Questions and Answers of Business Law Today

What are the key provisions of the Civil Rights Act?
What protections are provided by the Age Discrimination in Employment Act?
What is the nature of and the need for a social media policy?
The Equal Employment Opportunity Commission (EEOC) recently has been hit with many newly filed cases that allege discrimination based on caregiver status. The cases involve, for example, a police
Eugene Meade was offered a job by Cedarapids, Inc. The job required moving to Eugene, Oregon, where Cedarapids, Inc., had a facility called the El-Jay Plant. To entice Meade to join the Cedarapids
Henderson worked as a chemical engineer for the Wannisky Chemical Corporation. McGuire, Henderson’s supervisor, ordered him to remove the labels from several hundred steel drums that had once
Bennerson was employed by the Checker Garage Service Corporation as an auto mechanic. His duties included both assisting mechanics in the garage and making road calls to service vehicles owned and
Nancy Barillaro and Nancy Fotia were employed in the inspection and trimming departments of Elwood Knitting Mills for approximately 16 years. Barillaro was laid off in September and Fotia in
The Wynn Oil Company, which conducted an enormous amount of business with Latin American companies, argued that being male was a bona fide occupational qualification (BFOQ) for the position of sales
The Spelling Entertainment Group hired actress Hunter Tylo to appear in the television show Melrose Place. Her role was to involve the seduction of another character’s husband. When Tylo became
Rice, an African American woman, was denied employment as a public health representative by the city of St. Louis for lack of a college degree. Failing to obtain relief after filing a complaint with
The Commonwealth of Virginia required all applicants for state troopers to be between 21 and 29 years of age, at least 5 feet, 9 inches tall, and at least 156 pounds. The height and weight
Shirley Painter was the Chief Deputy Clerk in the Bookkeeping Department of the Civil Division of the Municipal Court of the City of Cleveland. She decided to run for city council and asked for a
Most people might think that by now the National Labor Relations Board has a ready answer for every case it faces. After all, the board has been around for over three-quarters of a century and has
Beth Waid was to receive a 15 percent commission on all sales she made for her employer, the Jian Computer Corporation. Waid sold a $10,000,000 computer system to the Defense Department. To avoid
A labor union is an organization that acts on behalf of all employees in negotiations with the employer regarding the terms of their employment. True/False
Labor union activity is not protected by the First Amendment. True/False
One of the first successful union organizing efforts took place in 1886, when Samuel Gompers organized the Congress of Industrial Workers. True/False
The Wagner Act allowed unions to organize but did not identify any unfair labor practices. True/False
Right-to-work laws were outlawed by the Landrum-Griffin Act. True/False
The Taft-Hartley Act outlawed secondary boycotts. True/False
There is no appeal permitted after a decision has been rendered by the National Labor Relations Board. True/False
If a complaint is found valid under the NLRB procedures, a cease-and-desist order may be issued, restoring the parties to the state that existed before the unfair labor practice began. True/False
The United States Supreme Court has repeatedly affirmed that federal employees have a constitutionally protected right to strike. True/False
What is the historical context in which unions developed?
What is the congressional-judicial tug-of-war in union history?
What are the major provisions of the Norris-LaGuardia Act?
What are the basic aims of labor unions?
What is the nature of the 21 st century crisis in labor law?
What are the primary tenets of the Wagner Act?
What are the functions of the Taft-Hartley Act?
What are the provisions of the Landrum-Griffin Act?
What is the jurisdiction of the National Labor Relations Board?
What are the possible results of a complaint filed with the NLRB?
Nine longshoremen, all of whom were members of Local 13 of the International Longshoremen’s and Warehousemen’s Union, found that they were having difficulty getting jobs. The problem seemed to be
The union representing employees of the Consolidated Manufacturing Company elected Franco and Allanson to act on their behalf at a collective bargaining session with management. At the session,
An employee was discharged for violating the company’s no-solicitation rule in its factory and offices. The employee had persisted in soliciting union membership on company property during lunch
Having advised Exchange Parts Co. that it was conducting an organizational campaign, the union petitioned the NLRB for an election to determine whether it would be certified as the bargaining agent
Darlington Manufacturing Co. operated one textile mill that was controlled by Deering Milliken, which operated 27 other such mills. The union began an organizational campaign, which Darlington
The NLRB conducted an election among employees of Savair Manufacturing Co. to determine whether the union would represent the employees. During the election, recognition slips were distributed.The
The Department Store Employees Union (union)was selected by the employees of the Emporium Capwell Company (company) as their exclusive bargaining unit. Charges of discrimination in the workplace were
The two dominant schools of economic thought in academia today are the Keynesians and the Austrians.Predictably, the two schools agree on almost nothing and so there is a clear dialectic split
No two intellectuals appear to be further apart than Adam Smith, the spiritual founder of capita l ism, and Karl Marx, the principal architect of communism. Yet if we read the following two excerpts
A group of employees who worked for the Duke Power Company were upset about the promotion policies of their employer, Dan River steam station, a power-generating plant owned and operated by the Duke
The air traffic controllers in Example 24-4 simply wanted rights that are guaranteed to many similarly situated workers. They argued that prohibition of the right to strike was a violation of a
Businesspeople can form a sole proprietorship only by going through the attorney general’s office in the state capital. True/False
The greatest advantage of a sole proprietorship is that the owner has complete control over the operation of the business. True/False
A major disadvantage of a sole proprietorship is unlimited liability. True/False
The Revised Uniform Partnership Act has yet to be adopted by any state legislature. True/False
Under the RUPA, a partnership is an aggregate. True/False
Under the RUPA, partners are considered to be agents of the partnership. True/False
A partnership can emerge simply because of the way two or more parties are doing business with one another. True/False
A “person” can be a living flesh-and-blood individual, a corporation, another partnership, a joint venture, a trust, an estate, or some other commercial enterprise or legal institution. True/False
The sharing of profits is prima facie evidence of the existence of a partnership. True/False
Under the RUPA, each partner has a property interest in all specific items of partnership property. True/False
The RUPA states that partnership property is any and all property that has been obtained by the partnership itself. True/False
A partner’s economic interest in the partnership is non transferrable. True/False
The RUPA includes two methods by which a partner becomes dissociated with a partnership: dissociation and dissolution. True/False
A partnership at will is one that any partner may leave without liability. True/False
When partnership terminates, there must be a winding up of the partnership affairs. True/False
A registered limited liability partnership is like a general partnership in all respects except liability. True/False
In most states, to become a registered limited liability partnership, the partners must file with the auditor’s office in the county courthouse. True/False
Limited partnerships must have at least three limited partners and no general partners. True/False
What are the most common forms of business associations?
What are the two model acts that govern partnership law?
What are the differences between the aggregate and entity theories of partnership?
What is the nature of a partnership agreement?
When does profit sharing not create a partnership?
What constitutes a person in partnership law?
What are the different views of specific partnership property in partnership law?
What is the difference between dissociation and dissolution in partnership law?
What is the difference between a registered limited liability partnership and a limited partnership?
Jennifer Yauger owned a loft in uptown Silverton.Robert Tomba and Gary Jorgen were partners in a mail-order business in Middletown called NASCAR Collectibles. To open an outlet in Silverton, Tomba
Kerry Taylor owned a warehouse in the industrial flats of Parke Central City. Yale Roberts and William Hull were partners in a chain of restaurants called Pirate’s Seafood Carousel. Roberts and
When the father of Stephen and Chris Nuss died, the two boys, aged 15 and 12 years, began to work the family farm. While the boys were still under the age of majority, their mother, Lois, kept the
McCoy and Gugelman borrowed money from State Security Bank for their partnership, Antiques, Etc. When McCoy and Gugelman failed to pay back the debt, the bank sued them as individuals.At trial, McCoy
Shane ran a liquid fertilizer business. As part of the operation of the business, Shane paid Svoboda a specified amount per acre to spread the fertilizer on his clients’ crops. Svoboda’s per acre
Summers and Dooley formed a partnership for the purpose of operating a trash collection business.The business was operated by the two men, and when either was unable to work, the nonworking partner
In 1985 Josef Kleinfeld purchased a building in the East Village and opened a video rental store on the ground floor. Unfortunately, Kleinfeld lost a great deal of money during his first year. Things
One of the premiere economists of the last century was a Harvard professor named Joseph Schumpeter, who wrote a treatise entitled Capitalism, Socialism, and Democracy in which he foretold the
A corporation is a legal entity created by either a state or federal statute authorizing individuals to operate an enterprise. True/false
A corporation may not be deprived of life, liberty, or property without due process of law. True/false
A corporation is considered a citizen of only the state in which it is incorporated. True/false
A private corporation is one that is formed under the authority of a state statute to perform a governmental function. True/false
A certificate of authority is issued only to S corporations that have passed the test of associative liability. True/false
Limited liability companies have been outlawed in most states because they limit the tax revenue that is due to the government. True/false
An agreement that releases a promoter is called a novation. True/false
Bylaws are the rules that guide the corporation’s day-to-day internal affairs. True/false
Operating agreements for LLCs are required in all states. True/false
The doctrine of the de facto corporation requires that there be a bona fide attempt to incorporate under an existing incorporation statute and an exercise of corporate power. True/false
Corporation by estoppel does not create a real corporation. True/false
The standard used to determine whether the corporate veil should be pierced to reach the parent corporation is called the instrumentality test. True/false
Corporate financing cannot begin until six months after the certificate of incorporation has been issued. True/false
The most common type of dividend is the stock dividend. True/false
The practice of placing a par value on a share of stock has been approved of and is now mandated by the American Federated Banking Commission. True/false
How did the concept of corporativism evolve?
What is the nature of a corporation?
What are the constitutional rights of a corporation?
What are the differences among a private, a public, and a quasi-public corporation?
What are the typical elements within the articles of incorporation?

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